Bill Text: TX SB1373 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the regulation of manufactured housing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-19 - No action taken in committee [SB1373 Detail]
Download: Texas-2011-SB1373-Introduced.html
82R3997 AJZ-F | ||
By: Carona | S.B. No. 1373 |
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relating to the regulation of manufactured housing. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1201.2055(e), Occupations Code, is | ||
amended to read as follows: | ||
(e) A real property election for a manufactured home is not | ||
considered to be perfected [ |
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of the statement of ownership and location has been filed and the | ||
department and the tax assessor-collector have been notified of the | ||
filing as provided by Subsection (d). | ||
SECTION 2. Section 1201.2076(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The department may not issue a statement of ownership | ||
and location for a manufactured home that is being converted from | ||
real property to personal property until the department has | ||
inspected the home and determined that it is habitable and [ |
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(1) each lien, including a tax lien, on the home is | ||
released by the lienholder; or | ||
(2) each lienholder, including a taxing unit, gives | ||
written consent, to be placed on file with the department. | ||
SECTION 3. Section 1201.217(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The owner of real property on which a manufactured home | ||
owned by another is located may declare the home abandoned as | ||
provided by this section if: | ||
(1) the home has been continuously unoccupied for at | ||
least four months; and | ||
(2) any indebtedness secured by the [ |
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home or related to a lease agreement between the owner of the real | ||
property and the owner of the home is considered [ |
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SECTION 4. Section 1201.219(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) A [ |
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manufactured home not held in a retailer's inventory is perfected | ||
only by filing with the department the notice of the tax lien on a | ||
form provided by the department in accordance with the requirements | ||
of Chapter 32, Tax Code. The form must require the disclosure of | ||
the original dollar amount of the tax lien and the name and address | ||
of the person in whose name the manufactured home is listed on the | ||
tax roll. The department shall disclose on its Internet website | ||
the date of each tax lien filing, the original amount of the tax | ||
lien claimed by each filing, and the fact that the amount shown does | ||
not include additional sums, including interest, penalties, and | ||
attorney's fees. The statement required by Section 1201.205(7) is | ||
notice to all persons that the tax lien exists. A tax lien recorded | ||
with the department has priority over another lien or claim against | ||
the manufactured home. Tax liens shall be filed by the tax | ||
collector for any taxing unit having the power to tax the | ||
manufactured home. A single filing by a tax collector is a filing | ||
for all the taxing units for which the tax collector is empowered to | ||
collect. | ||
SECTION 5. Section 1201.220, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.220. REPORT TO CHIEF APPRAISER [ |
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electronic format, or in hard-copy format on request, to each chief | ||
appraiser of an appraisal district [ |
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in this state a monthly report that, for each manufactured home | ||
reported as having been installed during the preceding month in the | ||
county for which the district was established [ |
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county for which a transfer of ownership was recorded by the | ||
issuance of a statement of ownership and location during the | ||
preceding month, lists: | ||
(1) the name of the owner of the home; | ||
(2) the name of the manufacturer of the home, if | ||
available; | ||
(3) the model designation of the home, if available; | ||
(4) the identification number of each section or | ||
module of the home; | ||
(5) the address or location where the home was | ||
reported as installed; and | ||
(6) the reported date of the installation of the home. | ||
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SECTION 6. Section 1201.452(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) If the home does not have the appropriate seal or label, | ||
the person must: | ||
(1) apply to the department for a seal; and | ||
(2) pay the fee[ |
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SECTION 7. The following sections of the Occupations Code | ||
are repealed: | ||
(1) Section 1201.2055(f); and | ||
(2) Section 1201.206(d). | ||
SECTION 8. This Act takes effect September 1, 2011. |